cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India  Monday  July 6  1936

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday July 6 1936

1936

In many cases the only thing conceivably held in trust was the contract right that a promise in the contract in favour of the third party should be peformed; and since this transparent fiction was in no way necessitated by the law of 133cxxxiv THE CALCUTTA WEEKLY NOTES. [...] It may be that the performance agreed to beween the parties is of such a character that a trust in favour of a third person is creaed but if in such cases the stranger has a right of suit such right is not a contractual right flowing out of the contract as such but the right which a cestui clue trust always has in whatever manner the trust 'may have been created. [...] It is true that the Specfic Relief Act does not recognise the right of a third party beneficiary who is in the position of a trustee but that we conceive is fur the very natural reason that the rights of such a party would fall to be goerned by the law of trusts and so did not rquire any provision in the contract law. [...] The Petitioner took no steps to move the High Court to confirm the decree: Held (Full Bench: TERRELL C. J. and DHAVLE and AGARWALLA JJ.)—That the jurisdiction of the High Court to confirm the decree in a divorce arises immediately upon a reference by the District Court and to complete the jurisdiction it is not necesary that there should be any personal appearance of the Petitioner before the [...] It was held by the lower Court that as the sale of the equity of redemption had the effect of extinguishing the mortgage it was compulsorily registrable under sec.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday July 6 1936
cxxxiii-cxxxvi unknown view

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